Index of Sections
|SECTION 337B.2 NOTICES OF LIMITATIONS|
337B.2 Notice of Limitation Regarding an Individual F-7 or 8 or R-7 or 8 Occupancy Space Having Employees and/or Being Regularly Open to the Public.
When an individual F-7 or 8 or R-7 or 8 Occupancy space is proposed in a building or a portion of a building the following shall be provided:
337B.2 Notices of Limitation are required under this code when:
The Building Code treats live/work spaces that have employees or are regularly open to the public differently, primarily because of the Americans with Disabilities Act (ADA) and the State Building Codes (Title 24) consideration of disabled access. This information determines whether or not the space is "commercial" or "residential." A commercial space must provide full handicap accessibility for owners, employees, customers and visitors, which means-- at a minimuma level-in entrance and fully accessible bathroom facilities (for both sexes separately, if 4 or more employees). Please refer to the ADA and Title 24 for more specific accessibility information.
|Reference to this notice and whether employees and/or being regularly open to the public or not shall be indicated on the permit application.||See "Information on Plans" #4,25,26. Include information on employees and public access in #4.|
|Recording such a notice of limitation stating that employees are allowed and that an individual space is regularly open to the public shall not permit employees or being regularly open to the public if this is contrary to City Planning or other superseding conditions or regulations.||Filing a Notice of Limitation stating your intention to have employees, etc. does not necessarily make it so. City Planning and other regulations, i.e. zoning, and whether employees and specific activities are permitted in a given zone, take precedence over ones Notice of Limitation; be sure to do your homework ahead of time (or be sure your architect has done so).|
|337B.3 Notice of Limitation For Use of Ship Stair or Ladder Within an Individual F-7 or R-7 Occupancy JLWQ. A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless and indemnify the City for any litigation relating to access requirements in an individual JLWQ provided pursuant to Sections 345B.3.2, 345B.3.3, and 345B.3.4.||337B.3 As will be detailed in the actual section (345B), Ships Ladders are permitted in JLWQ to access sleeping mezzanines and built-in sleeping bunks. The Notice of Limitation provision exists to limit the Citys legal liability in the event of lawsuits over any injury resulting from or related to a Ships Ladder, as they are not normally permitted under the building code. Therefore a Notice of Limitation shifts more of the liability to the developer of the space.|
|337B.4 Notice of Limitation For Use of Alternative Emergency Escape and Rescue for Existing Buildings. A "notice of limitation" shall be recorded with the Alameda County Recorder's Office with a waiver of damages and holding the City harmless and indemnify the City for any litigation relating to alternative emergency escape and rescue requirements when such alternatives are used and provided for an existing building pursuant to Section 345B.5.3.||337B.4 The Building Code specifically requires an "Emergency Escape and Rescue" opening directly from all bedrooms. While it is already relaxed in Live/Work situations, use of certain extraordinary alternative means are also permitted. They require a Notice of Limitation to minimize City liability as in the section above.|
337B.5 Notice of Limitation Regarding an Individual F-7 or 8 Occupancy
Space Being a Noise Source Greater Than 60db. When F-7 Occupancy
individual spaces are proposed in a building or a portion of a
building the following shall be provided:
337B.5 Sound transmission between units is covered in Section 351. To accommodate sound levels in units that are anticipated to be more than the permitted amount (usually 60 decibels), a Notice of Limitation is required to: